Get free answers to your Child Custody legal questions from lawyers in your area.
She was arrested for assault on her court ordered week for premeditated assault. She brought the kids to my house pretending she had to work, told the person she was going to assault she would be back to “smash her face in” went back and assaulted her. She was arrested and had an outstanding... View More 
answered on Mar 11, 2022
A TPO is filed if their fear of threat of domestic violence, harassment or stalking, workplace harassment, sexual assault or child abuse.
If you are in this situation, then you should consider filing a TPO.
We agreed on the hyphenated last name so the mother was happy, but overall we wanted him to have his dads last name(O’Neill). Was it wrong how we hyphenated it. Is the first last name what places,business, etc go by? Thank you.
answered on Feb 28, 2022
if the legal name is hyphenated, the entire hyphenated name should be used as his last name.
Ex husband will nor come to an understanding or arrangement.
answered on Feb 7, 2022
Unless your Order gave you permission to relocate with the children, it is best not to do so without either the other party's consent or Judge approval as you will likely be Ordered to return the children, may have to pay for the other side's attorney fees and/or may cause the judge to... View More
My ex husband and I share 50/50 custody of our sons. We agreed to pull our 5 year old out of kindergarten due to us believing he is not ready for school yet. We had agreed not to force him to go to dads when he is refusing to go and now he is also forcing him to go after telling him he wouldn’t.... View More
answered on Jan 25, 2022
this answer depends on your decree. if you both share joint legal custody, it is customary for both parents to be involved in this type of school decision - unless your decree states differently. Further, giving a five year old the right to decide on custody/timeshare is not something a judge... View More
I have primary but share legal. Other parent refuses to let me know who's around our child when in her custody.
answered on Nov 29, 2021
Normally speaking, a parent in a custody/divorce case with children does have the right to know where and with whom their children are spending time with. I say normally, because at times this gets a bit tricky with the parents becoming unreasonable in this request. Parents, during their assigned... View More
A ruling was made and i filed an appeal does the same judge have say so over my appeal
answered on Nov 15, 2021
Normally when a case in family law is appealed, it goes to the Court of Appeals and has a new judge assigned. It is important to know that appeals are very lengthy, costly and complicated and not every case can be appealed.
I am the primary custodial parent, child lives with me full time.
answered on Nov 7, 2021
As long as there is no court involvement, you are legally free to move with your child out of state. Both parents have the same rights to their children absent any court orders and thus the other parent may oppose this move and may file a motion with the court that may prevent your move.
I've been in custody fight for 2 years. Court recently awarded father custody. My children don't want to live with their father, but judge won't speak with them (Girls- Ages 10, 12, 13) When I took them to meeting place, they would not go with thier father and police came. Police did... View More
answered on Nov 3, 2021
Although I understand and sympathize with your situation, generally speaking children younger than 15 or 16 years of age do not usually get to make decision as to custody preference. However, you might be able to have the children interviewed to see if the children's hesitation to go with the... View More
I raised my nephew 2-6 yrs old hrs 8 now his dad never was around my sister really dnt care about his future she doesn’t even let him comb his hair with gel she moved to Vegas in March I haven’t spoke to him my sister doesn’t let him contact me out of spite n jealousy well I heard she was... View More
answered on Oct 12, 2021
it is a very commendable thing you have done in caring for your nephew. unfortunately if there is no court order giving you rights to custody or guardianship of your nephew, you don't really have legal rights.
if you are concerned about the safety of your nephew, you can always ask... View More
I filed a custody complaint and served the mother within the required time, then she filed an answer and counterclaim but DID NOT serve me those documents. It’s been well over 45 days and we have upcoming court date next week. Since she failed to serve me, can I request default judgement in my... View More
answered on Apr 5, 2021
Good Morning,
The Court will not grant you a default as she has filed an Answer and Counterclaim.
You should attempt to obtain the documents and file your Answer to her Counterclaim. In your Answer add in a line that states you were not served but were made away that the Answer and... View More
failed to serve me the plaintiff. do I now have justification in court to file for a default judgement for myself the plaintiff?
answered on Apr 4, 2021
Technically she should have filed an Answer and Counterclaim to your Complaint. If, as you state, she only filed a Counterclaim without an Answer, she must still file the Answer but I do not believe the judge will allow for a default as she has already replied in some way to the Complaint.
In May my ex moved out of town and gave me primary physical custody. I filed the stipulation and order with the judge so that everything was on the record. The stipulation and order clearly states in the first line that this is a temporary agreement until she moves back to town or if she moves out... View More
answered on Mar 12, 2021
If an existing child support order is in place, a modification is only warranted in the case of a 20% change in income. If not, any parent is entitled to motion for child support, however the amount is based on the custody arrangement in place. I would suggest you enlist the help of an experienced... View More
I have full custody of my son. My ex quit her job, moved out of town and refuses to look for work. I lost my job in September and filed a motion to modify. The judge said that she would have to pay child support but continued the hearing until a parenting agreement was done. My case was then... View More
answered on Feb 22, 2021
I would suggest you enlist the assistance of an experienced Family Law attorney to review the judge’s ruling as to why Child Support was denied. Generally speaking, being unemployed does not disqualify a non-custodial parent from their child support obligations, but there may have been other... View More
The child is 7 years old. I am listed as the father on the birth certificate. We are divorced. During the divorce she was given full custody as the dna test came back, I was not the paternal father. She died out of the country and I am trying to get the child back to the U.S. The actual paternal... View More
answered on Jan 25, 2021
If the mother had full custody of the child prior to her death, the child will likely be taken into state custody until arrangements have been made for a family member or guardian to care for the child. If not predetermined by the mother’s will, that process may include a hearing to determine... View More
I have a question about gaining permission to relocate. I’m a single father with primary custody, married almost 10 years, divorced in June 2019, Divorced with 50/50 physical and legal custody of D7 and S10, July 2019 had to file an emergency motion to take primary custody of the children... View More
answered on Jan 18, 2021
Moving out of state without the other parent’s permission can be difficult, but it is not impossible. You will need to petition the court to have the judge decide whether moving the children away from their mother to be closer to your family is in the children’s best interest. You will need to... View More
The boys, with few exceptions, every weekend, holiday's and vacations. My question is what needs to be done so I can get custody of them should or when my ex can't? Do I have grandparent rights ?
answered on Jan 18, 2021
If you have had a long standing visitation arrangement as well as a positive relationship with your grandchildren, and have evidence that it is in the child’s best interest that they remain in your care, then you may have a case to motion for joint custody. The right to child custody is only... View More
And no new custody order has been filed sense so as I understand those temporary custody orders have rained in effectSo now I have allowed the kids to go to visitation for part of the summer and I let them stay for an extended due to the Covid and now a lawsuit is being filed against me by child... View More
answered on Dec 2, 2020
It is best to respond to the child support lawsuit with a request that child custody also be reevaluated. If child support is awarded, it will be based on how the child custody is arranged. Both the child custody and child support cases should be held in the state where the children have resided... View More
I work 40 hrs a week plus, i am going to school full time and my child was taken from my husband and i on july 2nd of this year due to dental decay, which has since been fixed. i need some help please my public defender is never in her office and i dont feel comfortable with my case worker i have... View More
answered on Dec 2, 2020
I'm sorry to hear you're in this difficult situation. Continuing to comply with the court ordered evaluations and screenings are definitely in your best interest and can only help your case. My suggestion is to look into Legal Aid Services in your area as they may be able to help out or... View More
I allowed extrnded visitation due to covid and to avoid stress on kids. Husband doesnt allow constant contact now and a child support lawsuit had been filed against me. What do i do? Do i file here in nevada or there in california?
answered on Nov 18, 2020
Where to file depends a few factors.
- If you already have an open case then file where you have the open case.
- If you had a prior case that decided custody then you will either need to file in that state or file to domesticate/register your prior order in the new state. Once... View More
I move to Vegas 7 months ago, she move with me 3 months ago, my case in San Diego. Can I fill out the paperwork from where i live?
answered on Oct 28, 2020
You can file in California to modify the current custody order.
Once your daughter has been in Nevada for 6 months. You can file a Petition for Registration of an Out of State Custody Order in Nevada. Once the Petition has been approved/ordered by the court, then you can file to modify the... View More
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